Jason K. Fagelman
Jason K. Fagelman
Biography
Jason Fagelman serves as the Head of Litigation and Dispute Resolution for Norton Rose Fulbright's Dallas office, where he has practiced commercial litigation since 1996. Jason has a national trial practice and has experience representing clients in a broad range of cases, including complex business disputes and consumer class actions. He has litigated numerous matters in state and federal courts across the country and has tried both complex commercial and tort cases to verdict. He concentrates his practice in the area of high-stakes complex business disputes with emphasis on defending clients in nationwide data breach and data privacy class action matters and related MDL proceedings, and other consumer class actions. He also has significant experience handling claims for breach of contract, breach of warranty, fraud, RICO and trade secret violations, deceptive trade practices and other commercial torts.
Professional experience
Representative experience
Representative experience
- Representation of publicly traded global online gaming company in multiple nationwide data breach class actions filed in courts across the country involving alleged theft of customer SSN and other PII; cases currently centralized in MDL proceedings.
- Representation of global retailer in multiple nationwide data breach class actions filed in California involving alleged access to confidential information for thousands of current/former employees, including SSNs and other PHI.
- Representation of large financial institution in multiple nationwide data breach class actions filed in courts across the country involving alleged theft of customer SSN and other PII; cases currently centralized in MDL proceedings.
- Representation of publicly traded company in multiple nationwide data breach class actions filed in Florida, California and Texas (now consolidated in Florida), asserting claims arising from stolen payment card information from corporate-owned restaurants. Obtained opinion from Eleventh Circuit decertifying nationwide and state law classes and remanding case to trial court for further proceedings.
- Representing global internet publisher in connection with threatened putative nationwide class action asserting claims for fraud, breach of contract and violations of multiple California privacy statutes for allegedly causing third-party cookies/data to be stored on consumers’ devices and consumer data to be transmitted and sold to third parties.
- Representation of global news organization against claims for violations of CIPA, the Federal Wiretap Act and other common law privacy torts arising from alleged use of Meta Pixel to surreptitiously collect and store customer electronic communications and data.
- Representation of multiple global insurers in data breach class action filed in Missouri relating to a W-2 data breach phishing incident involving SSNs and other PII. Following motion to dismiss and class certification briefing, matter settled very favorably.
- Representation of large publicly traded airline in nationwide RICO fraud class action matter where purchasers contended they overpaid for airline tickets due to alleged conspiracy to hide aircraft defects. Obtained unanimous opinion from Fifth Circuit reversing class certification decision by trial court, finding no Article III standing due to absence of economic or physical injury.
- Representation of national videogame developer as trial counsel in high-stakes breach of contract and fraud matter against publisher/games distributor and defending counterclaims for business disparagement and defamation seeking $100+ million in damages. Prevailed in favor of client on all claims and counterclaims.
- Representation of directors and officers of corporate general partner in a limited partner derivative litigation matter where derivative plaintiffs asserted claims for breach of fiduciary duty, self-dealing and unjust enrichment arising from $60 million sale of business. Following successful motion to compel arbitration and targeted offensive discovery, matter settled very favorably.
- Representation of financial institution in class action asserting claims for alleged usury violations in connection with auto loans. Following limited document exchange, filed motion to dismiss and to strike all class allegations, which trial court granted in its entirety.
- Representation of financial institution in complex ERISA class action in which plaintiffs contended that numerous defendants and their ERISA benefit plans breached their fiduciary duties and wrongfully failed to pay ERISA plan benefits; following initial discovery, trial court dismissed Plaintiffs' claims with prejudice, which Ninth Circuit affirmed.
- Representation of global insurer in nationwide class action suit against it and others, alleging that insurers committed antitrust and RICO violations through sale of replacement cost homeowners policies. Obtained dismissal on the pleadings in trial court which Tenth Circuit affirmed, and US Supreme Court denied Plaintiffs' certiorari petition.
- Representation of large physician practice in complex securities litigation matter involving claims of fraud, state securities act violations and breaches of fiduciary duty arising from multi-million dollar investment in retail urgent care facilities. Following extensive discovery, secured favorable settlement on behalf of client.
- Representation of national commercial appraisal firm in connection with complex commercial litigation matter where plaintiffs asserted claims for breach of fiduciary duty and fraud in connection with client's alleged failure to properly perform appraisal of mainframe computer equipment; plaintiffs sought more than $20 million in damages; following extensive discovery and briefing, plaintiffs dismissed all claims against client without payment of any money.
- Representation of trustee and note holder as trial counsel for $21 million non-recourse, securitized commercial loan and loan's special servicer in connection with claims asserted by commercial borrower for breach of contract and other commercial tort claims seeking more than $10 million in damages. Obtained complete defense verdict against borrower's claims in clients' favor and recovery on clients' counterclaim against borrower for attorney's fees.
- Representation of one of world's largest television manufacturers in $100 million nationwide class action alleging various commercial tort claims, including deceptive trade practices and breach of warranty, relating to alleged defects in products sold by the client. All claims ultimately dismissed without class certification and without payment of any of the damages sought.
- Representation of global insurer in a multi-million dollar insurance coverage and bad faith litigation matter involving interpretation of "auto" exclusion in CGL policy in significant personal injury case; obtained dismissal with prejudice of all claims in federal court and affirmance by unanimous opinion from Fifth Circuit.
- Representation of global insurers in multi-million insurance coverage and bad faith litigation matter involving interpretation of a contractual liability exclusion in CGL policy in significant property damage case; coverage position advocated on behalf of client was one of first impression, and ultimately vindicated by unanimous opinion from Texas Supreme Court.
- Representation of national lending and mortgage servicing client as trial counsel in multiple lawsuits brought by and against borrower; obtained complete jury verdict in favor of the client.
Rankings and recognitions
Rankings and recognitions
- Stand-out Lawyers, Thomson Reuters, 2025
- Lawdragon 500 Leading Litigators in America, Lawdragon, Inc., 2025
- Legal 500 US, Recommended lawyer: General commercial disputes, The Legal 500, 2024
- The Best Lawyers in America, Commercial Litigation, Best Lawyers, 2017 - 2025
- The Best Lawyers in America, Litigation - Banking and Finance, Best Lawyers, 2023 - 2025
- Texas Super Lawyer, business litigation, Thomson Reuters, 2011 - 2016
- Texas Rising Star, business litigation, Thomson Reuters, 2005 - 2010
Education
Education
JD, with honors, The University of Texas School of Law, 1996
BA, with high honors, History, Phi Beta Kappa, The University of Texas, 1992
While attending law school, Jason was a member of The Review of Litigation. He was admitted to practice law in Texas in 1996. He is admitted to practice in all state courts in Texas, and the Northern, Western and Eastern Federal District Courts of Texas, as well as multiple federal and appellate courts across the country.
Admissions
Admissions
- Texas State Bar
Speaking engagements
Speaking engagements
- "Top Business Cases of the Year," presented at the Norton Rose Fulbright Litigation Summit, November 14, 2018
- "Top Business Cases of the Year," presented at the Norton Rose Fulbright Litigation Summit, November 8, 2017
Memberships and activities
Memberships and activities
- Dallas Bar Association
- Business Litigation Section
- International Law Section, host attorney to international LL.M. students at S.M.U.
- Dallas Volunteer Attorney Project, pro bono consultation
Insights and news
News
Texas litigation team secures win for Oakwood Bank in Louisiana Court of Appeal
United States | March 04, 2024
Litigation team secures class action lawsuit dismissal for Southwest Airlines
United States | November 23, 2022
Texas litigation team secures win for Oakwood Bank in Louisiana Court of Appeal
United States | March 04, 2024
Litigation team secures class action lawsuit dismissal for Southwest Airlines
United States | November 23, 2022
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